Specifically speeding tickets , and misdemeanors
2007-02-25 00:00:28 · 4 answers · asked by chefbc2k 1 in Politics & Government ➔ Law Enforcement & Police
Statute of limitations is an affirmative defense, meaning even if guilty, the crime is not punishable because the prosecuter waited too long to prosecute the case. Each type of crime has a different length of time, concerning the natter being barred for delay of prosecution.
Concerning misdemeanors, I need to know your jurisdiction/venue where the crime took place, and if it was a federal or state crime.
Concerning traffic tickets, a ticket itself is an automatic notice of prosecution. No Statute of Limitations defense applies here.
Good luck!
2007-02-25 00:07:11 · answer #1 · answered by MenifeeManiac 7 · 0⤊ 0⤋
No. The Statute of Limitations (SOL) does not apply to traffic cases. First, the SOL applies to a time limit to bring charges against a person. For example, in Illinois, the SOL for petty/misdemeanor cases is 18 months. That means, the state has 18 months from the time you commit the crime to bring charges.
The reason why this doesn't apply to traffic cases is because you are issued the citation at the scene. When you are pulled over for speeding, you are given a ticket/citation. That document is the same as an "information" which alleges the charge against you and gives you your "notice to appear" in court. You are now "charged" with the offense of speeding. The SOL does not apply anymore because you have been charged with the offense.
As for misdemeanors, if the officer does not give you a citation at the scene or a little after, then he/she generally refer it to their local State/District Attorney's office and they either charge the offense and send you a summons, dismiss the charges, or choose to send you to deferred prosecution (if that particular county has a deferred program). If the State's Attorney does not file charges against you within 18 months, then the SOL is applicable and you can challenge the charge based on the "untimely" charging.
2007-02-25 10:39:29 · answer #2 · answered by jeffreyrh80 1 · 0⤊ 0⤋
No you always have to pay your tickets or they will take your lisense and if your asking if they come off you record for insurance reason yes anywhere from 3 to 5 years depending on what they were.
2007-02-25 08:03:04 · answer #3 · answered by Denny O 4 · 0⤊ 0⤋
Yes. Each state has it's own laws. Generally it is two years.
2007-02-25 08:03:29 · answer #4 · answered by regerugged 7 · 0⤊ 0⤋